I. Mahanty, J. - (1.) The Orissa Consumers' Association has filed this writ application, inter alia, seeking to challenge a notice dated 9.12.2005 issued by the Grid Corporation of Orissa Ltd. (Annexure -I) pursuant to the direction of the Orissa Electricity Regulatory Commission, Bhubaneswar which had directed publication of such an advertisement in case No. 42 of 2005 bringing to the notice of public an application under Sec. 64(2) of the Electricity Act, 2003 read with Reg. 53(7) of the OERC (Conduct of business) Regulations, 2004 for annual revenue requirement and bulk supply tariff application for the year 2006 -07.
(2.) Mr. K.N. Jena, learned Counsel for the Petitioners, inter alia, submitted that the applicant - GRIDCO (Opp. Party No. 2) was not a "licensee" on the date of making the application for fixation of annual revenue requirement and bulk supply tariff. Mr. Jena further asserts that the Commission ought not to have entertained the application of the GRIDCO under the provisions of the Electricity Act, 2003 and ought not to have proceeded to determine tariff of Bulk supply of electricity, since the GRIDCO was not a licensee i.e. neither a Transmission or Distribution or Trading licensee on the date of its application i.e. 30.11.2005.
(3.) This Court by its order dated 16.01.2006 had directed issue of notice on the question of admission and stay to the Opp. Parties by special messenger and thereafter, by the order dated 30.1.2006 directed as follows: As an interim measure, we direct that the proceeding in Case No. 42 of 2005 shall continue but the order passed therein shall be subject to the result of the writ application.;